Drug Litigation

For lawyers helping injured consumers, there is a noteworthy case from the Supreme Court of Alabama this week: Plaintiffs Danny and Vicki Weeks argued–and the state’s high court has agreed–that branded drugmakers can be held culpable for failing to warn about side effects, because they’re the only conduit for labeling changes. The couple claimed warning labels on the generic medication failed to adequately describe possible hazards, including the potential for involuntary muscle movements, which should have been disclosed to Weeks’ physician. A federal judge hearing the case asked the Alabama Supreme Court to clarify state law on the question of …

Chris Gilreath, Esq. Last week, a big decision was made regarding the honest marketing of consumer drugs. GlaxoSmithKline was held accountable for their aggressive and deceptive marketing of multiple drugs in a multistate settlement. While this is great news and a strong step in the right direction, the battle over consumer drug marketing is far from over. Did you know that the US is one of the few industrialized countries to without a ban on direct to consumer pharmaceutical advertising (DTCPA)? In fact, the US and New Zealand are the only two countries that allow product claims, while Canada allows …

Chris Gilreath, Esq. Last week, Attorney General Bob Cooper announced a groundbreaking moment for consumer protection in the pharmaceutical market. Mr. Cooper and 44 other state Attorney Generals from multiple states reached a settlement of $105 million with GlaxoSmithKline, LLC., for the company’s alleged false and aggressive advertising of asthma drug, Advair, as well as anti-depressants Paxil and Wellbutrin. The suit was based on allegations that GSK over-promoted the medications beyond FDA approval for the purpose of increasing profits. While critics may scoff at the lawsuit and its settlement, it is a watershed moment for consumer safety. The global pharmaceutical market …

The German drug manufacturer Boehringer Ingelheim has announced that it will pay a settlement of $650 million in response to hundreds of thousands of cases against its blood-thinning drug, Pradaxa. The company defends that the settlement is to avoid a lengthy legal battle against claims that ‘lacked merit’ from the outset, or in their words, “to avoid the distraction and uncertainty of lengthy litigation and focus on our mission of improving patients’ lives.” In contrast, victims defend that their lives were far from improved. Plaintiffs contend that the company did not provide adequate warning about the severe bleeding and …

Elise Sanguinetti, Esq. The Department of Justice (DOJ), Consumer Product Safety Commission (CPSC), and U.S. Customs and Border Protection (CBP) have intensified their efforts towards identifying dangerous products and holding offenders accountable. Last week, The DOJ filed suit in federal court against four California companies and six individuals for importing violative products. The companies include Toy Distribution, Inc., S&J Merchandise, Inc., and BLJ Apparel, Inc., and All Season Sales, Inc. Also being sued are six individuals, the managers and owners of the companies. All parties are accused of importing children’s products that violate the Federal Hazardous Substances Act (FHSA) and …